Terms and Conditions
1.1
These General Terms and Conditions (GTC) apply to all contractual relationships between Commax Consulting GmbH & Co. KG and the service recipient (participant). Individual agreements or the “Special Contractual Conditions” take precedence.
1.2
These present terms and conditions take precedence over any conflicting general terms and conditions of the participant. The participant’s terms and conditions, which are not expressly acknowledged in writing, are not binding on Commax Consulting GmbH & Co. KG, even if they have not been explicitly objected to.
2.1
Contracts are concluded between Commax Consulting GmbH & Co. KG and the service recipient (participant). Service recipients can be natural or legal persons. The service recipient may personally receive the contractually agreed services. They are entitled to name another suitable person who can participate in the events (e.g., incentives, events, brand academies, etc.). Suitable persons are those who meet the admission requirements of Commax Consulting GmbH & Co. KG. In this case, however, the service recipient remains the contractual partner and thus the participant. They are fully responsible for the conduct of the person named by them, unless a separate contract is concluded with them.
2.2
Event registration is carried out by completely and truthfully filling out and submitting the registration forms provided by Commax Consulting GmbH & Co. KG or by online registrations via the Commax Consulting GmbH & Co. KG website. The registration forms can be submitted by mail, fax, or in person.
2.3
The contract is concluded by a registration confirmation from Commax Consulting GmbH & Co. KG, which can be sent in writing, by fax, or online.
2.4
Amendments or additions to the contract are only effective if confirmed by Commax Consulting GmbH & Co. KG in writing, text form, or online. The waiver of this formal requirement must be in writing.
3.1
Commax Consulting GmbH & Co. KG provides its services itself or through its own employees. It is also entitled to provide the services through freelance staff.
3.2
The participant can inform themselves about the scope, form, subject matter, and objective of the services in the brochure and on the Commax Consulting GmbH & Co. KG website, or the services will be individually developed and agreed upon with them in advance briefings and meetings. For company-specific events, the agreed concept applies. The participant can request any further information from Commax Consulting GmbH & Co. KG.
3.3
The respective event locations and the implementing staff will be communicated to the participant in good time before the start. Commax Consulting GmbH & Co. KG reserves the right to relocate events spatially and/or temporally, change programs, or replace staff members. In these cases, the participant is not entitled to any extraordinary right of termination, withdrawal, or reduction.
3.4
Commax Consulting GmbH & Co. KG is entitled to cancel the event, particularly in the event of insufficient registrations, the absence of a staff member – if a replacement cannot be engaged in time – or the unforeseen unavailability of premises. Commax Consulting GmbH & Co. KG expressly excludes any procurement risk or guarantee for the execution of the events. If an event must be canceled for the aforementioned reasons or other reasons, Commax Consulting GmbH & Co. KG is entitled to propose an alternative date to the participant. The participant undertakes to cancel their participation in writing within one week, but no later than two days before the start of the alternative event – if this period is shorter. Otherwise, they remain obliged to pay the fee. If the participant cancels their participation in time, they are entitled to a refund of their already paid fee.
3.5
The participant has no further claims for compensation or consequential costs, in particular travel and accommodation costs or loss of earnings, which might arise from the justified cancellation of the event.
3.6
Unless otherwise agreed, the following services are not included in the fees and event costs:
a. Accommodation,
b. Travel expenses,
c. Participant catering,
d. Room and ancillary room costs.
3.7
Commax Consulting GmbH & Co. KG assures that neither its employees nor the lecturers it employs are members of Scientology or have ever attended their courses; they do not work according to the technologies of L. Ron Hubbard; neither their employees nor employed lecturers are trained or train according to the technology of L. Ron Hubbard, nor have they attended any courses and/or seminars/congresses based on the technology of L. Ron Hubbard; and they reject the technology of L. Ron Hubbard for running a business (for conducting their events); and this declaration applies equally to other sects of any kind.
4.1
All publications, in particular concepts, event content, documents, and brochures of Commax Consulting GmbH & Co. KG and its employees, are protected by copyright. The same applies to audio or video recordings of the events. The participant is entitled to use the information and publications received within the scope of their booked and paid event for their own internal purposes.
4.2
The participant is prohibited from passing on documents to third parties or reproducing them for third parties, whether for a fee or free of charge. The participant is advised as a precaution that copyright infringement gives rise to claims for damages and injunctive relief, and can also be prosecuted under criminal law.
6.1
Commax Consulting GmbH & Co. KG and its employees expressly reserve the right to extraordinarily terminate the contractual relationship and exclude the participant from further participation in the event of an incorrect assurance according to section 5, significant disruptions to the event, or criminal acts against Commax Consulting GmbH & Co. KG or other participants (e.g., defamation or theft). In this case, Commax Consulting GmbH & Co. KG expressly reserves the right to assert further claims for damages.
6.2
Commax Consulting GmbH & Co. KG is entitled to offer its services also to competitors of the participant.
7.1
The prices agreed upon at the time of contract conclusion apply. All prices are, unless expressly stated otherwise in writing, plus the applicable statutory value-added tax. Any examination fees incurred are, unless otherwise agreed, not part of the event fee.
7.2
Unless otherwise agreed at the time of contract conclusion, participant fees become due upon receipt of the participation confirmation and invoice without deduction and must be paid no later than 14 days after receipt of the invoice.
7.3
The participant will be in default of payment after the due date, irrespective of the occurrence of default according to section 7.2 (§ 286 II 2 BGB), by reminder or no later than 30 days after receipt of an invoice or equivalent payment statement.
7.4
In case of payment default, the participant has no right to participate in the event. Commax Consulting GmbH & Co. KG is entitled to exclude the participant from the event during payment default as part of its right of retention.
7.5
During payment default, Commax Consulting GmbH & Co. KG is entitled to claim statutory default interest of 5 percentage points above the base rate for consumers and 8 percentage points above the base rate for businesses. The assertion of further damages is not excluded hereby.
9.1
Irrespective of the aforementioned right of withdrawal, the participant reserves a right of withdrawal according to the following provisions:
a. The withdrawal must be declared in writing to Commax Consulting GmbH & Co. KG.
b. The agreed event dates – at the start of the project – serve as the basis.
c. For withdrawal up to 30 days before the start of the event, no cancellation fees apply
d. For withdrawal less than 30 days before the start of the event, 50%,
e. for withdrawal less than 14 days before the start of the event, the full amount of the agreed event fee is to be paid.
9.2
This fee covers processing costs, expenses, and damages. Payments made up to that point will be offset against the cancellation fee. The participant is expressly permitted to prove that no damage or reduction in value occurred at all, or that it was significantly lower than the flat rate.
9.3
If a specific (minimum) event duration is agreed upon, ordinary termination is excluded. The right to extraordinary termination remains unaffected by this.
10.1
The participant is obliged to truthfully and completely fill out any applicable registration forms. Otherwise, Commax Consulting GmbH & Co. KG is entitled to reject the registration or contest the contract.
10.2
The participant is aware that the data required for contract processing will be stored by Commax Consulting GmbH & Co. KG. By registering, the participant agrees to the processing of their data. The data will not be passed on to third parties by Commax Consulting GmbH & Co. KG.
10.3
Commax Consulting GmbH & Co. KG undertakes to keep confidential all processes that have become known through cooperation with the participant, unless urgent legitimate interests of Commax Consulting GmbH & Co. KG oppose this (for example, the enforcement of fee claims).
11.1
The participant is requested to take care of their personal belongings. Commax Consulting GmbH & Co. KG is not liable for the loss or theft of participants’ personal belongings, or only up to the amount of any existing insurance sum.
11.2
Commax Consulting GmbH & Co. KG strives for the accuracy and completeness of its event content. However, the participant is advised that changes in legal situations, scientific views, or individual cases may lead to different assessments.
11.3
Commax Consulting GmbH & Co. KG is liable for damages caused intentionally or by gross negligence by itself or its vicarious agents. In cases of simple negligence, Commax Consulting GmbH & Co. KG is only liable for typically occurring, foreseeable damage and for damages resulting from injury to life, body, or health. The amount of damages is limited to the event fee per individual case. Insofar as an insurance policy of Commax Consulting GmbH & Co. KG provides higher compensation, the claim for damages – including for injury to life, body, or health – is limited to the insurance benefit. Further liability is excluded.
11.4
The participant may only offset claims against Commax Consulting GmbH & Co. KG with undisputed or legally established claims.
With the exception of liability for intent, the parties agree on a limitation period of 6 months for all mutual claims arising from this contract and its termination. The limitation period begins at the end of the event.
13.1
The contractual relationship is exclusively subject to the law of the Federal Republic of Germany.
13.2
The omission of additional and explicit feminine forms does not imply discrimination and is solely due to improved readability.
13.3
If the participant is a merchant, the registered office of Commax Consulting GmbH & Co. KG in Munich is agreed upon as the place of jurisdiction.
13.4
Should one or more provisions of the contract or these GTC be invalid or lose their legal effect later, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provisions, another appropriate regulation shall apply, to the extent legally permissible, which economically comes closest to what the contracting parties would have intended or would have intended, taking into account commercial custom, economic considerations, and good faith, had they considered the invalidity of the provision.